If I’m a US citizen and applied for my sister to come to the US on immigration visas 7 years ago but recently her husband passed away, does this change anything in the processing of the file?

Can I use this situation to help her come to US sooner than regular processing time?

Asked on February 3, 2016 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she was the principal beneficiary of the I-130 petition , she is still eligible to immigrate on the basis of that petition once the priority date is current.  Her husband's passing does not affect her eligibility.  However, if he was the principal beneficiary, then that might be different.

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